Connecticut Lawmakers Can Legally Delete Public-Records Emails, Report Finds

The topic of email retention in Connecticut’s legislative branch is back in the spotlight after a new report from the state’s nonpartisan Office of Legislative Research. Lawmakers aren’t legally required to keep emails related to public business, unlike state agencies and local governments.

This gap in state law has transparency advocates worried. They say it chips away at the public’s right to see government records.

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Some legislative leaders seem willing to rethink the rules. For now, though, Connecticut’s public records retention policies have a pretty noticeable hole.

Legal Loophole in Legislative Email Retention

Connecticut’s rules for keeping public records actually change depending on which branch you’re in. The executive branch and cities like Bridgeport, Hartford, and Stamford have to save official emails by the book.

The legislative branch, though, is off the hook — the latest report makes that clear. Without any regulation, legislators can delete emails about public business and not break a single law.

How Current Policies Leave Gaps

The Office of Legislative Management’s employee handbook tells staff to keep medical and personnel files for the long haul. But when it comes to official emails, there’s no rule saying they need to stick around.

This lets legislative communications slip past certain transparency measures. Groups like the Connecticut Council on Freedom of Information are understandably concerned.

Advocates Call for Equal Accountability

Open-government advocates say this carve-out creates unfair standards between lawmakers and other officials. Michele Jacklin, who sits on the board of the Connecticut Council on Freedom of Information, didn’t mince words—she called it a “two-tiered system” of accountability.

Her frustration echoes a wider push for stronger Freedom of Information Act compliance in places like New Haven, Danbury, and Norwich. It’s not just a local issue anymore.

Legislative Leaders Respond

House Minority Leader Vincent Candelora admits the rules for lawmakers are different. He points to lawmakers’ part-time roles and their frequent use of personal phones as part of the reason.

Still, he’s open to taking another look at the rules. House Majority Leader Jason Rojas goes a step further, saying legislators should follow the same email retention rules as everyone else, and he even thought his own emails were already public.

Impact of Limited IT Safeguards

The state’s IT department does hang onto deleted legislative emails for a while, but it’s not forever. After those records age out, they’re gone for good.

That means important historical or policy emails can just disappear. In places like Waterbury and New Britain, executive agencies have to keep big archives of emails — something the legislature currently dodges.

The 2020 FOI Commission Case

A 2020 case really drives the issue home. Someone asked for legislative emails about mortgage legislation, but some messages were already lost.

The Freedom of Information Commission told lawmakers to set up better safeguards, like banning the deletion of emails when someone has an open public records request or appeal. That would bring the legislature closer to what cities from Meriden to Middletown already do.

Potential Reforms on the Horizon

There’s no new law on the books yet, but it seems like more people want change. Setting a single retention standard for everyone would close the loophole and help rebuild public trust.

Some ideas getting floated include:

Requiring lawmakers to keep emails for a set number of years.
Banning deletion of records tied to ongoing public records requests.
Expanding IT archiving so communications stick around for good.
Training lawmakers and staff on their Freedom of Information duties.

Why Public Trust Depends on Record Retention

Email records often give us the clearest look into how decisions get made, especially when things get messy or controversial. In cities like Norwalk and Groton, these records can show where policies actually come from and help people hold officials accountable.

If nobody keeps these emails, big chunks of legislative history just disappear. That means the public loses out on its ability to keep an eye on what’s really happening.

Connecticut’s debate over closing the legislative email retention gap taps into something bigger. It’s not just about files—it’s about finding a balance between what’s practical and what open government really means.

Plenty of folks on both sides of the aisle seem interested, and transparency advocates are definitely making noise. Maybe the next few months will finally bring some change to this weirdly persistent gap in state law—but who knows?

Here is the source article for this story: Report finds Connecticut lawmakers can legally delete public records emails

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